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How a Birth Injury Attorney Can Help Families Get the Compensation They Need

The risk of complications can be present during and after the birth of a child despite advancements in medical technology that make it safer than ever. If you suspect that your child has suffered an injury to their birth that could have been avoided by contacting a birth injury lawyer right away.

A firm that specializes in cases involving birth injury law firms injuries will typically advance all costs associated with a lawsuit and only get paid when they are awarded compensation for your case.

Damages

Although medical advances have made childbirth more secure than it used to be but many mothers and their babies are still at risk for injuries from a variety of reasons. These include oxygen deprivation, head trauma, and infections. These injuries can cause catastrophic disabilities, such as cerebral palsy. A good birth injury attorney will assist families to receive the compensation they need to cover the cost of lifelong treatment and care.

Your lawyer will request all relevant medical records and reports relating to the injury your baby sustained. He or she will also hire medical experts to review the evidence and give an opinion regarding whether the medical experts involved in the birth of your baby breached the standard of care. In a typical case an expert will evaluate the medical treatment offered by the defendant with practices typically accepted by medical experts with similar training and experience.

Damages may be awarded for economic and non-economic losses. Economic damages may include medical expenses as well as lost income and property damage. Non-economic damages include emotional distress, suffering and pain. In rare instances the punitive damages might be awarded. These are intended to punish the responsible party and discourage similar behavior in future. They are distinct from compensatory damages which are awarded to recover the actual losses.

Medical Experts

While advances in medicine have made childbirth more safe than ever before, there are some risks for both the mother and baby. It is up to the doctors and nurses who are involved in the delivery to be professional and avoid mistakes that could cause catastrophic harm for the health of both parties. Parents can claim damages if doctors and nurses do not behave professionally during the delivery.

A birth injury lawyer will work closely with you for the duration of your case, starting from the initial consultation until the final resolution. They will collect evidence from you, such as witness statements and medical records, and also obtain expert opinions from many sources, including other specialists and doctors.

These experts will review the evidence and give an official opinion on whether the injuries were caused by medical negligence. The lawyer will use this to decide how best to proceed.

If the medical professional is of the opinion that malpractice occurred Your lawyer will file suit against the responsible parties. This typically includes the obstetrician in charge of the delivery and pregnancy and any nurses or surgeons who assisted in the delivery as well as the hospital in which the birth took place.

The cost of a lawsuit may be high due to the fees for expert witnesses, records and depositions. Your lawyer will pay these expenses, and reimburse you once they have settled your case.

Prepare for the trial

A birth injury lawyer will take on any case where the baby was injured as a result of doctor negligence, prior to, during, or shortly after birth. In analyzing the case the lawyer will take into consideration two things: whether there any evidence of medical negligence and the extent of the injury.

In most cases, attorneys consult with medical experts to determine if medical malpractice led to the injury. Experts will examine all records pertaining to the pregnancy, childbirth and medical treatment for injuries. They will also be in a position to assess the effect of the injuries suffered by the child on his or her future.

The experts will help the lawyer identify which medical providers should be named in the lawsuit. The lawyer will send an email to the medical providers and insurers to respond to the claim. A reputable birth injury lawyer will know how to negotiate with the insurance companies and will be prepared to make the case go to trial should it be necessary.

Parents may be entitled to damages for past and future medical expenses arising from the injuries suffered by their child. They could also receive damages for pain and suffering. These damages can be significant in the event that the child's injuries are serious. An experienced birth injury lawyer can maximize the compensation awarded to the parents.

Insurance Companies

Although a lawsuit for birth injuries can't undo the harm that was done to your child, it may cover future medical expenses for therapy, the cost, home modifications and on-going support. These costs may seem daunting, but a skilled birth injury lawyer will work with a number of experts to determine the financial impact on your family of the injury you sustained and how much compensation you are entitled to.

To submit a claim for birth injury, you must first prove that your doctor and your child shared an professional relationship, and that they violated this relationship by acting negligently before or during the birth of your child. This can be simple to prove through the collection of your medical documents and hospital bills.

Once this is established, the lawyer will need identify the specific actions performed by the doctor who were negligent and the impact they had on your child's wellbeing. A birth injury lawyer will know where to find the medical documents along with expert witness testimony and other evidence needed to prove your claim.

A competent birth injury attorney will handle all the complexities of your case. They should never require you to come out of your pocket to seek justice. They should be able to work on a basis of contingency fees which means they only receive payment if they win your case and the amount they earn is a percentage of the settlement or award you receive.